Busan Metropolitan City Ordinance on Digital Disaster Preparedness and Response
Enforcement Date 3. April, 2024.
Busan Metropolitan City Ordinance No. 7236, 3. April, 2024., Enactment
- Article 1 (Purpose)
- The purpose of this Ordinance is to stipulate the necessary measures for preparedness and response to digital disasters, ensuring that citizens can live safely, free from digital threats.
- Article 2 (Definitions)
- The terms used in this Ordinance are defined as follows:
- 1. The term “Digital Disaster” means a disaster under Article 3 (1) of the Framework Act on the Management of Disasters and Safety, or an incident under Article 2 (3) of the Act on the Protection of Information and Communications Infrastructure. It also includes other accidents caused by technical errors, leading to physical or functional defects in information and communications infrastructure that could cause social and economic harm to the nation and citizens. This includes:
- a. Accidents that may cause harm to life or property require a city-level response.
- b. Other accidents that the Mayor of Busan Metropolitan City (hereinafter referred to as “Mayor”) deems necessary for disaster management.
- 2. The term “Information and Communications Infrastructure” means electronic control and management systems related to national security, administration, defense, policing, finance, communications, transportation, and energy. It also includes information networks as defined in Article 2 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, as well as integrated information and communications facilities under Article 46 (1) of the same Act.
- 3. The term “Platform Business Operator” means an operator of an additional telecommunications service business under Article 22 (1) of the Telecommunications Business Act, engaging in intermediating labor provision or transactions through labor supply or distribution platforms.
- 4. The term “Platform Workers, etc.” means platform workers who provide labor through labor supply platforms and platform business operators using distribution platforms to supply goods and services, based in the city, and defined as small business owners under Article 2 of the Framework Act on Micro Enterprises.
- 1. The term “Digital Disaster” means a disaster under Article 3 (1) of the Framework Act on the Management of Disasters and Safety, or an incident under Article 2 (3) of the Act on the Protection of Information and Communications Infrastructure. It also includes other accidents caused by technical errors, leading to physical or functional defects in information and communications infrastructure that could cause social and economic harm to the nation and citizens. This includes:
- Article 3 (Responsibilities of the Mayor)
- (1) The Mayor shall actively strive to respond promptly in the event of a digital disaster.
- (2) The Mayor shall take necessary disaster management measures to minimize harm to citizens' lives, bodies, and property during a digital disaster.
- Article 4 (Relationship with Other Ordinances)
- Unless otherwise specified by other ordinances, the provisions of this Ordinance shall govern matters concerning preparedness and response to digital disasters.
- Article 5 (Digital Disaster Management)
- (1) The Mayor shall establish a disaster safety system capable of notifying citizens of digital disasters and providing disaster situation guidance.
- (2) The Mayor shall swiftly disseminate disaster-related information to citizens if deemed necessary in the event of a digital disaster. The identification of specific businesses may be determined at the Mayor’s discretion.
- Article 6 (Administrative Support)
- The Mayor may provide the following administrative support to address damage suffered by platform workers and others due to a digital disaster:
- 1. Collecting information on damage and providing guidance on reporting incidents.
- 2. Undertaking other measures deemed necessary by the Mayor.
- Article 7 (Safety Inspections and Training)
- (1) The Mayor shall conduct regular safety inspections of backup systems and disaster recovery systems in information and communications systems under the Mayor’s control to prepare for digital disasters.
- (2) The Mayor may conduct drills to prepare for digital disasters, such as system failures.
- (3) The Mayor may entrust all or part of the projects in paragraph (1) to related specialized institutions, corporations, or organizations.
- (4) If the Mayor entrusts tasks under paragraph (3), the necessary expenses may be provided within the budget.
- (5) Matters not provided for in this Ordinance regarding entrustment shall be governed by the Busan Metropolitan City Ordinance on the Entrustment and Agency of Affairs to Public Institutions and the Busan Metropolitan City Framework Ordinance on the Entrustment.
- Article 8 (Establishment of Cooperation Systems)
- (1) The Mayor may establish cooperation systems with information and communications infrastructure operators, platform business operators, and relevant corporations or organizations to share disaster status, causes, emergency measures, and recovery plans for digital disaster preparedness and response.
- (2) The Mayor may enter into memoranda of understanding (MOUs) for information exchange and cooperation to establish such cooperation systems.
- (3) The Mayor may request investigations and research from related organizations or experts as necessary for digital disaster preparedness and response.
- (4) The Mayor may provide administrative support to agencies and organizations as necessary for efficient digital disaster preparedness and response.
ADDENDUM
Ordinance No. 7236, 3. April, 2024.
- This ordinance shall enter into force on the date of its promulgation.
